Chief among Phillips' complaints is that the public defender system in the juvenile courts costs two and half times more than the system of appointments he uses, a number denied by those connected to the office.

Phillips said the average cost per case is $649, compared to $264 for assigned lawyers.

Alex Bunin, who oversees the public defender's office, said Phillips' numbers are wrong. He said the judge cited a preliminary feasibility study with estimates that were not accurate.

"Those numbers are not meaningful," he said.

Bunin said the costs are closer to actual public defender averages across the state. Established public defender offices in Texas average $406 per case against $540 for appointed attorneys.

"The point is that the numbers are fairly comparable," Bunin said. "There's no support for 'two and half times the cost.' "

Bunin said a comprehensive review has been commissioned and is expected in about six months.

"We'll know things about the quality of our work, as well as the cost effectiveness of it," Bunin said. "When we get ready for midyear budget, we'll have something on paper."

The new office began by working on appeals and misdemeanor cases involving mentally ill defendants. It has expanded to include juvenile and felony cases, as part of a four-year pilot program, partially funded by a state grant.

Systemic changes

That expansion in to the juvenile courts has apparently chafed Phillips. He said early projections for the office overestimated the number of cases that would be handled and now the office is trying to drum up business.

The public defender office is attempting to "intimidate Harris County judges into using or expanding their use of the (office)," the judge wrote.

Phillips said reforms other than the public defender's office have lowered case loads. Those include systemic changes, such as a juvenile mental health care docket, an after-school resource center in southwest Houston and a diversion program for nonviolent juveniles convicted of misdemeanors.

In May 2010, county officials said the detention reforms were saving the county $700,000 a month, an estimate Phillips seized on.

"The millions of dollars we have saved Harris County should continue to sustain and improve our reforms and should not be wasted on another bureaucracy," Phillips wrote.

To start the public defender's office, the first year of the pilot program was funded by a $4.1 million grant. The second year, the grant paid 80 percent. For the next two years, the grant is expected to pay 20 percent, and the county will pay 80 percent. After four years, the county alone will be paying for the agency.

Office defended

In response to Phillips' letter, two public defender board members wrote an open letter defending the office, saying Harris County has clung for too long on "an outdated system of crony appointments" by sitting judges.

"Harris County has upgraded its criminal justice system by establishing a public defender's office," wrote Lawrence Finder and George "Mac" Secrest. "Now it's time for the bench and the bar to support that organization."

Harris County has to pick up the tab for indigent defendants, whether it is a public defender's office or an appointment system. Both camps argue their side is more cost effective and provides better representation.

Mike Schneider, another juvenile court judge, is on the board overseeing the public defender's office. He declined to comment on Phillips' letter but estimated the office handles about 20 percent of the cases in his court.

"This is a pilot program and we're giving them a chance," Schneider said.